Notice to the Class of a Proposed Clarification in Hospital “Observation Status” Case

In Alexander v. Becerra, a federal court found that certain beneficiaries must be allowed to appeal to Medicare when their hospitalizations are reclassified from “inpatient” to “outpatient receiving observation services.” The Center for Medicare Advocacy, Justice in Aging, and pro bono firm Wilson Sonsini Goodrich & Rosati represent the class of Medicare beneficiaries in the case. As part of the implementation process, class counsel and the government recently asked the court to clarify how Medicare can address certain retrospective claims. The parties proposed this clarification in the interest of facilitating and streamlining the retrospective appeals process ordered by the court, and reducing administrative burden. The court ordered the parties to notify class members of the proposed clarification. If class members have any questions or comments about the proposed clarification, please contact class counsel by November 25, 2022. The proposed clarification and instructions for contacting class counsel can be found in the link below.

• Read about the clarification here.